Comment Period Open for Massive New PFAS Reporting Requirements in Minnesota

At a Glance

• Minnesota’s 2023 Products Containing PFAS law requires manufacturers to submit information regarding products containing intentionally added PFAS that are sold, offered for sale or distributed in Minnesota. Importantly, this law requires reporting even for products that are exempt from PFAS prohibitions, such as medical devices.
• The proposed fees are $1,000 for an initial report and $500 for an annual update or recertification. Further, the proposed rule allows for these fees to be adjusted based on inflation beginning July 1, 2027.

On April 21, 2025, the Minnesota Pollution Control Agency (MPCA) issued the proposed PFAS in Products: Reporting and Fees Rule for public consultation. The proposed rule details how the MPCA will require manufacturers to report on products containing intentionally added per- and polyfluoroalkyl substances (PFAS) beginning January 1, 2026, and the fees associated with such reporting. These rules are not final; and interested parties are urged to submit comments prior to the May 21, 2025, comment deadline or at the May 22, 2025, hearing.

Minnesota’s Products Containing PFAS Law

Minnesota’s 2023 Products Containing PFAS law, Minn. Stat. § 116.943, requires a manufacturer or group of manufacturers to submit information to the MPCA regarding products containing intentionally added PFAS that are sold, offered for sale or distributed in Minnesota. Importantly, this law requires reporting even for products that are exempt from PFAS prohibitions, such as medical devices.

The law allows the MPCA to adopt rules necessary to implement the program elements, including establishing a reporting fee structure to support the administration of the program, thus prompting the MPCA’s proposed rule. The proposed rules do not indicate that the scope of covered products will be narrowed through regulation.

Key Components of the Proposed Rule

The proposed rule includes information on definitions, parties responsible for reporting, the substance of required reports, updates to reports, waivers and extensions, trade secret provisions, reporting due diligence, exemptions, and fee structures. Importantly, the proposed rules do not indicate how these reports will be submitted to or managed by MPCA. For example, it is unclear whether MPCA will publish a standardized reporting form and whether submissions will be managed through a particular platform or database by the agency.

The proposed rules would require manufacturers to file initial reports by January 1, 2026, consistent with Minn. Stat. § 116.943. Currently, these reports would need to include the following elements:

1. Brief description of the product
2. Numerical product code (such as a GPC code or SKU number)
3. Specific PFAS chemical(s) used in the product
4. Specific PFAS chemical concentration(s) shown via range or, if unknown, total organic fluorine may be used as a proxy
5. Function of PFAS in the product
6. Manufacturer information
7. Authorized representative and alternate representative information

The proposed fees are $1,000 for an initial report and $500 for an annual update or recertification. Further, the proposed rule allows for these fees to be adjusted based on inflation beginning July 1, 2027.

Comment Submission and Hearing Deadlines

The comment period for the proposed rule is now open and the deadline to provide written comments is May 21, 2025, at 4:30 p.m. Additionally, the administrative law judge (ALJ) will hold a hearing at 2:00 p.m. CT on May 22, 2025, during which oral comments may be provided. Additional information regarding how to submit comments and attend the hearing can be found in this notice of intent.